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Patent
Annual Fees
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"The patentee shall pay an annual
fee beginning with the year in which the patent right
was granted." (Chinese Patent Law, Article 43)
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"Where
the applicant for a patent for invention has not been
granted a patent right within two years from the date
of filing, it or he shall pay a fee for the maintenance
of the application from the third year." (Implementing
Regulation Under Chinese Patent Law, Rule 94)
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"When
the applicant goes through the formalities of patent
registration, it or he shall pay the patent registration
fee, the patent publication fee and the annual fee
of the year in which the patent right was granted.
The applicant for patent for invention shall pay all
the maintenance fees of the application for each year,
excluding that for the year in which the patent right
was granted. If such fees are not paid in the prescribed
time limit, the patent registration shall be deemed
not to have been made. The subsequent annual fees
shall be paid in advance within the month before the
expiration of the preceding year." (Implementing
Regulation Under Chinese Patent Law, Rule 95)
- "Where
the annual fee of the years after the year in which
the patent was granted is not paid in due time by the
patentee, or the fees are not paid in full, the Patent
Administrative Organ under the State Council shall notify
the patentee to pay the fee or to make up the insufficiency
within six months from the expiration of the time limit
within which the annual fee was to be paid, and at the
same time pay a surcharge; the amount of the surcharge
is computed by an addition of 5％ of the total amount
of the annual fee of the same year for each month lapsed
after the time limit prescribed for the payment. Where
the fees are not paid within the time limit, the patent
right shall be deemed lapsed from the expiration of
the time limit within which the annual fee should be
paid." (Implementing Regulation Under Chinese Patent
Law, Rule 96)
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